A lawyer is a specialist reporting directly to the head of the organization, in the absence of a full-fledged legal department. Such an employee must necessarily have a higher education in the relevant industry and with a full knowledge of jurisprudence.
Legal specializations fall into the following categories:
- Legal consultant - higher education without work experience or secondary vocational education with an experience of 5 years;
- Legal consultant of the 2nd category - the requirements for the applicant are similar, but work experience of at least 3 years is required, even with higher education;
- Category 1 legal consultant – for this position, you must have at least 3 years of work experience in a category 2 position.
Job description of a lawyer of a budgetary institution and a non-budgetary enterprise
Job description- this is an organizational and administrative document for internal purposes, correcting the powers, responsibilities and obligations of the lawyer of this enterprise.
This is very important document for any type of organization, it allows you to systematize job data, which simplifies the process of making changes.
How to write a guide for a lawyer?
The instruction of a lawyer of any enterprise - budgetary, commercial, industrial should contain the main sections:
- General provisions- affiliation and category, the procedure for appointment to a position and dismissal from it.
Job responsibilities of a specialist:
- Verification of compliance with the legislation of documentation for legal purposes;
- Control of the stage of approval of these documents;
- Approval of documentation;
- A lawyer develops and amends constituent documents;
Handles claims and complaints government agencies to the company.
- Prepares claims from the organization;
- Checks the legal compliance of contracts;
- Prepares documents for obtaining excise taxes and other permits;
- Conducts communication with a notary;
- Resolves pre-trial preparation of documents;
- Represents the interests of the company in courts;
- Supervises the work of the personnel department - the legality of hiring and dismissal of employees.
In order to become a lawyer at an enterprise or in a state institution and perform their duties with high quality, it is not enough to graduate from the Faculty of Law, it is necessary to choose the right university, which will play a big role in hiring.
Where can I download a sample instruction?
You can download a sample job description for a lawyer in an institution.
Not the last factor will be the personal qualities of the applicant - curiosity, strict adherence to the letter of the law and its high-quality knowledge will play into the hands of an active and purposeful young man.
You will learn about the main tasks of a lawyer in an enterprise from this video:
The job description specifies the scope of duties and work that a person holding a certain position must perform. The job description in accordance with the All-Russian classifier of management documentation, or OKUD, OK 011-93 (approved by Gosstandart Decree No. 299 of December 30, 1993) is classified as documentation on the organizational and regulatory regulation of the organization's activities. The group of such documents, along with the job description, includes, in particular, the internal labor regulations, the regulation on the structural unit, and the staffing table.
Are job descriptions required?
The Labor Code of the Russian Federation does not oblige employers to draw up job descriptions. Indeed, in an employment contract with an employee, his labor function should always be disclosed (work according to the position in accordance with staffing, profession, specialty, indicating qualifications or a specific type of work entrusted to him) (Article 57 of the Labor Code of the Russian Federation). Therefore, it is impossible to hold the employer liable for the lack of job descriptions.
At the same time, it is the job description that is usually the document in which the employee's labor function is specified. The instruction contains a list of the employee's job responsibilities, taking into account the peculiarities of the organization of production, labor and management, the rights of the employee and his responsibility (Rostrud Letter dated November 30, 2009 No. 3520-6-1). Moreover, the job description usually not only reveals the employee's labor function, but also provides qualification requirements that apply to the position held or work performed (Rostrud Letter dated 11/24/2008 No. 6234-TZ).
The presence of job descriptions simplifies the process of interaction between the employee and the employer on the content of the labor function, the rights and obligations of the employee and the requirements for him. That is, all those issues that often arise in relationships with both existing employees and newly hired employees, as well as with applicants for a certain position.
Rostrud believes that the job description is necessary in the interests of both the employer and the employee. After all, the presence of a job description will help (Letter of Rostrud dated 08/09/2007 No. 3042-6-0):
- objectively assess the performance of the employee during the period probationary period;
- justifiably refuse to hire (after all, the instructions may contain Additional requirements associated with the business qualities of the employee);
- distribute labor functions among employees;
- temporarily transfer an employee to another job;
- evaluate the conscientiousness and completeness of the employee's performance of the labor function.
That is why the preparation of job descriptions in the organization is appropriate.
Such an instruction may be an appendix to the employment contract or be approved as an independent document.
How a job description is compiled
The job description is usually drawn up on the basis of qualification characteristics, which are contained in qualification directories (for example, in the Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of August 21, 1998 No. 37).
For employees who are hired according to the professions of workers, to determine their labor function, unified tariff and qualification reference books of work and professions of workers in the relevant industries are used. Instructions developed on the basis of such reference books are usually called production instructions. However, in order to unify and simplify internal documentation in an organization, instructions for working professions are often also referred to as job descriptions.
Since the job description is an internal organizational and administrative document, the employer is obliged to familiarize the employee with it against signature when hiring him (before signing employment contract) (part 3 of article 68 of the Labor Code of the Russian Federation).
Responsibilities of a lawyer in a company
Let's give an example of a job description for a lawyer (sample 2018). The presented job description of a lawyer of an enterprise can be used in determining the scope of duties of a lawyer in a particular organization, taking into account its specifics and scale of activity. For example, to prepare a job description for a lawyer management company Housing and communal services.
The legal adviser is admitted to the organization on a permanent or temporary basis. The nature and scope of a lawyer's work depends on the size of the organization. In budgetary organizations, there are often needs for consultations on labor law and taxation of profits. In large firms engaged in the provision of legal services, lawyers are involved in resolving disputes between organizations and individuals in court and out of court. Help in disputes individuals with legal:
- budget institutions.
If the firm profits from litigation and legal advice, this should be reflected in the text of the lawyer's job description.
Sample Job Description for a Legal Counsel
The generic legal adviser job description should be edited to suit the needs of the particular institution. It needs professional processing by a lawyer in each individual case.
General provisions
The position of a lawyer is classified by ETCS as a specialist. An employee with a higher or secondary vocational education may be hired. If you have a higher education, the requirements for the length of service of a lawyer may not be presented. In general terms, you need to specify documents to be followed by a lawyer:
- The totality of legislative acts and provisions regulating the economic, production and economic activity enterprises.
- Labor Code of the Russian Federation, Civil Code of the Russian Federation, Tax Code of the Russian Federation, federal laws and by-laws.
- environmental regulations.
- Labor regulations at the enterprise and the charter.
Also in general terms list the following skills:
- Drafting contracts between individuals and legal entities.
- Systematization of data and their use using computer and digital technology.
- Compliance with the ethics of business communication.
In conclusion, it must be indicated that the legal adviser reports to the head and assistant to the head of the enterprise.
Job Responsibilities
The Legal Counsel has the following official duties :
- Take part in the development labor contracts, job descriptions, charters and labor regulations and other standard forms of documents at the enterprise.
- Advise employees of the enterprise in case of need for legal assistance, questions about the payment of taxes and deductions.
- Prepare paperwork and statements of claim to apply to the judiciary. Represent the interests of the company in court hearings.
- Draw up acts of theft, release poor quality products or waste in the enterprise. Recovery of material damage from the defendants.
- Prepare responses to complaints from consumers and employees.
- Inform the manager and specialists about amendments to the legislation of the Russian Federation, if they regulate their professional activities.
- Participate in the registration of property in the ownership of the enterprise and its alienation.
The job description of the lead legal adviser should contain the obligation to follow the orders of the head of the legal department, if it is provided for in the staffing table.
Rights
The Legal Counsel has the right:
- Make requests to budget institutions, archives. Get access to documents of structural divisions.
- Submit information about the promotion or imposition of disciplinary responsibility on subordinates.
- Ask for assistance from the management, if it is necessary to purchase equipment or issue a digital signature tool.
- Familiarize yourself with the texts of documents, including project ones.
For the smooth operation of the enterprise, the leading lawyer has the right to choose a candidate for replacement in case of his disability.
A responsibility
The Legal Counsel is responsible for the following:
- Disclosure of commercial or medical secrets.
- Causing material damage to the enterprise.
A falsified document is the basis for administrative or criminal liability, depending on the severity of the consequences.
Working conditions
The workplace of a lawyer should not be in an emergency state or be dangerous in epidemiological terms. If the work involves travel and business trips, this should be reflected in the working conditions. The links below are available for downloading sample instructions for different titles of the position of a legal consultant.
I approve:
Deputy CEO
for legal work and record keeping
OJSC "____________"
"___" ______ 2002
Job description
legal advisor of the legal service
OJSC "__________________"
I. General provisions
II. Job Responsibilities
III. Rights
IV. A responsibility
I. General provisions
1.1. The legal adviser is appointed and dismissed from his post, in accordance with the current labor legislation of the Russian Federation, by order of the General Director on the proposal of the Deputy General Director for Legal Work and Paperwork.
1.2. When performing his official duties (functions), he reports directly to the Deputy General Director for legal work and office work.
1.3. In case of temporary absence from work of one of the employees of the legal service, performs their duties.
1.4. The legal adviser should know:
1.4.1. The current legislation of the Russian Federation;
1.4.2. The practice of applying the current civil, labor, financial, administrative law;
1.4.3. Decrees, orders, orders, other guidelines and regulations higher and other bodies concerning legal activity open joint-stock company"____________", hereinafter referred to as the "Company";
1.4.4. Technical means mechanization and automation (computer equipment) of reference and information work on legislation and regulations, office equipment, be able to work on them;
1.4.5. The procedure for keeping records and compiling reports on the contractual and claim work of the "Company";
1.4.6. The procedure for concluding and executing business contracts;
1.4.7. Fundamentals of economics, organization of labor and management;
1.4.8. Internal labor regulations and the Collective Agreement of the "Company";
1.4.9. Rules and norms of labor protection, safety measures, industrial sanitation and fire protection.
1.5. Requirements for the qualification of a legal adviser by category of payment:
1.5.1. Legal adviser (non-categorical) - secondary or higher professional education without presenting requirements for work experience;
1.5.2. Category II legal adviser - higher or incomplete higher (subject to continued studies at a university) professional education and work experience as a non-categorical legal adviser for at least 3 years;
1.5.3. Category I legal adviser - higher professional education and work experience as a category II legal adviser for at least 3 years;
1.5.4. Leading legal adviser - higher professional education and work experience as a category I legal adviser for at least 3 years.
II. Job Responsibilities
2.1. develops or takes part in the development of the Company's internal documents, endorses them.
2.2. conducts legal examination of draft orders issued by the "Society" and approves them.
2.3. Participates in the preparation of substantiated answers in case of rejection of claims and claims contractors of the "Company".
2.4. Produces registration, conduct of cases in courts of general and special jurisdiction by proxy from the "Society", carries out their accounting and storage.
2.5. Participates in the development and implementation of measures to strengthen the contractual, financial and labor discipline, ensuring the safety of the property of the "Company".
2.6. Takes part in the work on the conclusion of economic agreements (contracts), the preparation of opinions on their legal validity, makes their sighting and keeps records of them in a special journal.
2.7. Together with interested departments and services, he participates in the consideration of issues on the elimination of receivables.
2.8. Maintains the established reporting on claims and other work of the "Society".
2.9. Prepares draft orders on cash payments for compensation by the "Company" for harm caused to employees by injury, occupational disease or other damage to health associated with their performance job duties, keeps records and storage of these cases and correspondence on them.
2.10. Prepares draft powers of attorney for representation on behalf of the "Company", maintains their registration and journal accounting of issuance, as well as storage of their copies.
2.11. Analyzes and summarizes the results of consideration of claims and court cases of general and special jurisdiction, and also studies the practice of concluding and executing economic agreements (contracts) in order to develop appropriate proposals to eliminate the identified shortcomings and improve the economic and financial activities of the "society".
2.12. In accordance with established order draws up documents on bringing employees of the "Company" to disciplinary and material liability.
2.13. Prepares, independently or jointly with other subdivisions (departments, services), proposals for changing existing or canceling orders that have become invalid, regulations issued by the "Society".
2.14. Conducts reference and information work on legislation and regulations using computer technology, as well as taking into account the current legislation and other normative acts, makes notes on their cancellation, changes and additions.
2.15. Carries out work on legal propaganda, familiarization of officials of the "Society" with regulations related to their activities, and on changes in the current legislation.
2.16. Provides information and advice to employees of the "Company", its shareholders on the current legislation, and also draws conclusions on legal issues, assists them in the execution of documents and acts of a property-legal nature.
The Legal Counsel has the right:
3.1. Request and control the timeliness of submission to the legal service of the "Company" from its divisions (departments, services) of certificates, calculations, conclusions, explanations and other materials necessary for the preparation of the presentation of claims and lawsuits to counterparties of the "Company", as well as giving answers on them;
3.2. Check compliance with the current legislation and local regulations in the structural divisions of the "Company";
3.3. By special power of attorney, represent the interests of the "Company" in all state and non-state enterprises, institutions, organizations, commercial and non-profit organizations, regardless of their organizational and legal form;
3.4. Participate in meetings, meetings held by the management of the "Society" when discussing organizational and legal issues at them.
IV. A responsibility
The legal adviser, within the limits determined by the current labor legislation, bears disciplinary and financial responsibility to the "Company" for:
4.1. non-fulfillment or improper fulfillment of the "Internal Labor Regulations", their official duties, orders and orders of the management of the "Society";
4.2. Material damage caused to the "Society" through his fault.
4.3. Other violations and misdemeanors in accordance with the current legislation of the Russian Federation and internal regulations of the "Company".
I APPROVE Head "______" ______________ / _____________ (signature) (full name) "____" _____________ _____ M.P. "___" __________ ____ Mr. N _____
___________________________ (name of company)
JOB DESCRIPTION of a legal adviser (sample)
1. GENERAL PROVISIONS
1.1. The legal adviser belongs to the category of specialists.
1.2. A person who has:
1.2.1. Category I legal adviser: higher professional (legal) education and work experience as a category II legal adviser for at least three years.
1.2.2. Category II legal adviser: higher professional (legal) education and at least three years of work experience as a legal adviser or other positions filled by specialists with higher professional education.
1.2.3. Legal adviser: higher professional (legal) education, without presenting requirements for work experience, or secondary professional (legal) education and work experience in positions filled by specialists with secondary vocational education, at least five years.
1.3. Appointment to the position and dismissal from it are made by order of the Head of the organization.
1.4. The legal adviser should know:
Legislative acts regulating the production, economic and financial activities of the organization;
Regulatory legal documents, methodological and regulatory materials on the legal activities of the organization;
Civil, labor, financial, administrative law;
Tax law;
environmental legislation;
The procedure for keeping records and reporting on the economic and financial activities of the organization;
The procedure for concluding and executing business contracts, collective agreements, tariff agreements;
The order of systematization, accounting and maintenance of legal documentation using modern information technologies;
Fundamentals of economics, labor organization, production and management;
Funds computer science, communications and communications;
Rules and norms of labor protection.
1.5. The Legal Counsel reports directly to __________ organization.
2. JOB RESPONSIBILITIES
Legal Counsel:
2.1. Develops or takes part in the development of legal documents.
2.2. Provides guidance legal work in the organization, provides legal assistance to structural units and public organizations in the preparation and execution of various kinds of legal documents, participates in the preparation of substantiated answers in case of rejection of claims.
2.3. Prepares, together with other departments of the organization, materials on theft, waste, shortages, release of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for transfer to court of Arbitration, investigative and judicial bodies, carries out accounting and storage of cases in progress and completed by the execution of judicial and arbitration cases.
2.4. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the organization's property.
2.5. Carries out the study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop proposals for eliminating the identified shortcomings and improving the economic and financial activities of the organization.
2.6. In accordance with the established procedure, draws up materials on bringing employees to disciplinary and material liability.
2.7. Takes part in the work on the conclusion of business contracts, their legal examination, the development of the terms of collective agreements and industry tariff agreements, as well as consideration of issues of receivables and payables.
2.8. Controls the timeliness of the submission by structural divisions of the organization of certificates, calculations, explanations and other materials for the preparation of responses to claims.
2.9. Prepares, together with other departments, proposals for changing existing or canceling orders and other regulations issued by the organization that have become invalid.
2.10. Conducts work on systematic accounting and storage of existing legislative acts, makes notes on their cancellation, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools.
2.11. Participates in the preparation of opinions on legal matters arising in the activities of the organization, draft regulations submitted for review.
2.12. Carries out informing the employees of the organization about the current legislation and changes in it, familiarizing the officials of the organization with the regulatory legal acts relating to their activities.
2.13. Advises employees of the organization on organizational, legal and other legal issues, prepares opinions, assists in the execution of documents and acts of a property-legal nature.
3. RIGHTS
The Legal Counsel may:
3.1. Request and receive necessary materials and documents related to the activities of the legal adviser.
3.2. Enter into relationships with departments of third-party institutions and organizations to resolve operational issues of production activities that fall within the competence of the legal adviser.
3.3. Submit your comments on the development of the organization.
3.4. Make comments on issues related to changes in the personnel of the organization.
3.5. At its discretion, make a decision on the need to conduct explanatory work with employees of the organization in the field of legal regulation of their activities.
4. RESPONSIBILITY
The Legal Counsel is responsible for:
4.1. For improper performance or non-performance of their official duties provided for by this job description, to the extent determined by the labor legislation of the Russian Federation.
4.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.
4.3. For causing material damage - within the limits determined by the labor and civil legislation of the Russian Federation.
5. WORKING CONDITIONS
5.1. The mode of work of the legal adviser is determined in accordance with the Internal Labor Regulations established in the Organization.
5.2. In connection with the operational need, the legal adviser is obliged to go on business trips (including local ones).
5.3. Job evaluation:
Regular - carried out by the immediate supervisor in the process of performing labor functions by the legal adviser;
- ________________________________________________________________________. (indicate the procedure and grounds for other types of performance evaluation) __________________________ ______________ ______________________ (position of the person (signature) (full name) who prepared the instruction) "___" ____________ ____ d. Acting) direct supervisor) "___" ____________ ____ AGREED: ________________ _________________ _______________________ (position) (signature) (full name) "___" ___________ ____ d. I am familiar with the instruction ______________ ___________________ (signature) ( Full name) "___" __________ _____
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